HomeMy WebLinkAbout1000-55.-1-5.1 & 55.-2-8.5COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
CC #: C12-729
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
EASEMENT
recorded in myoffice on01/0912012 under Liber D00012681 and Page 614 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 01/09/2012
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 10
Receipt Number : 12-0002320
TRANSFER TAX NUMBER: 11-11462
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
055.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $50.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $12.50 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
11-11462
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
01/09/2012
10:03:24 i4~
D00012681
614
Lot:
008.005
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$137.50
Nt~mber of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Page / Filing Fee
Handling
TP-584
Notation
20. 00
EA-52 17 (County)
Sub Total
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge
Other
5. 00
15. 00
Sub Total
Grand Total /3 °Lf _5~0
4 [Dist. I(
Real Proper
Tax Servic
Agency
Verificatio~
ooo o soo o oo oo oo
RECORDED
20!2 Jan 09 i0:03:24
JUDITH fi. P~SCOLE
CLERK OF
SUF'KOLK COU~TV
L D0001268i
P 614
~T~ 11-1i462
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec JAssit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or. NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Satisfactions/Discharges/Releases List Property Owners Mailing
RECORD & RETURN TO: Vacant Land
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
Suffolk
Title ' Information
Tide #
& Endorsement
This page forms part of the attached
(SPECIFY TYPE OF INSTRUMENT)
made by:
The premises herein is situated in
SUFFOLK ~OUNTY, NEW YORK.
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINri~D IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
DRIVEWAY & MAINTENANCE AGREEMENT
THIS DECLARATION made this f ~ t~, day of /O ~ 0 ~'/~5 ~? ~ 2011, by and
between CAROLYN HAMAN, residing at 1020 Old North Highway, Southold, New York 11971;
ANNEi-I E SMITH, residing at 2531 Pole Bridge Road, Avon, New York 14414;
AUDREY CARRIG, residing at 840 Greenwood Drive, Ballston Spa, New York 12020;
RICHARD PIERSON, Sr., residing at 5245 North Bayview Road, Southold, New York 11971;
ELIZABETH ANN LAIBLE f/k/a ELIZABETH ANN PIERSON, residing at 3 Bailey Farm Road,
Pittstown, New Jersey 08861;
JEAN MARIE PIERSON, residing at 2 Haistead Street, Clinton, New Jersey 08809
RICHARD PIERSON, Jr., residing at 6637 Radcliffe Lane, Woodbridge, Virginia 22191;
ROBERT GRIGONIS, residing at 1520 Old North Road, Southold, New York, 11971 hereinafter referred to
as the "DECLARANTS';
WITNESSETH:
WHEREAS, the DECLARANTS, are the owners of a certain plot, piece and parcel of land situate
at, Young's Avenue, in the Town of Southold County of Suffolk, and the State of New York, known and
designated as SCTM No. 1000~055-1-005.001 and 1000-055-2-008.005, being more particularly bounded
and described as set forth in Schedule "A", annexed hereto.
WHEREAS, the DECLARANTS made application to subdivide a 21.5978 acre parcel into seven
(7) lots as shown on the "Subdivision for the Estate of Antone Grigonis," surveyed by John T. Metzger,
L.S., on July 12, 2006, last revised January 11, 2007,
WHEREAS, the DECLARANTS desire to provide for maintenance and management of the 25'
right of way which provides a common access of ingress and egress to Lots 2,3 and 4; and in
consideration of granting approval necessary to subdivide the above, the Planning Board of the Town of
Southold and the DECLARANTS agree that it is in the best interest of the DECLARANTS and any future
owner of the property that the within declaration and covenant be imposed.
NOW, THEREFORE, the within DECLARANq~ do hereby covenant and agree as follows:
Lots 2, 3 and 4, as shown on the aforesaid subdivision map, shall share a common access driveway to
and from Youngs Avenue from a single common access driveway along the common lot line
between lots 2, 3, and 4, otherwise described herein as "Schedule B'
2. The use of said common access driveway area shall be subject to the following restrictions:
A. The owners and subsequent owners of said Lots 2, 3 and 4 shall have the joint, equal and
mutual right to use, maintain and improve the common access driveway as shown on said
subdivision map and as per the Planning Board's specifications for common access dtiveways
for the purpose of ingress and egress and placement of uff, lities, including but not limited to
telephone lines, cable television lines and electric power lines, as may be deemed necessary to
serve Lots 2, 3 and 4, to be installed within the u~lity easement and immediately adjacent and
parallel to the area designated as common access driveway.
B. The terms "owner," "lot owner" or "lot owners" as used in this Declaration shall be deemed to
include any heirs, distributees, successors and assigns of the Declarant and the respective lot
owner or lot owners.
successors, and assigns all of the conditions, obligations and restrictions and provisions of this
Easement.
D. The word "maintenance," as used in this Easement, shall be deemed to mean all costs and
expenses in connection with said common driveway, including the cost of construction,
installation of common underground utilities, and replacement thereof, sweeping, surfacing
and re-surfacing, re-paving or re-gravelling` filling in of holes, and all those items necessary to
make it convenient and safe for the owners of the aforesaid subject lots to use the common
driveway described in "Schedule.~"
E. The owners of the subject ~s'or any portion thereof shail determine what maintenance shall
be done on the common driveway and the maintenance costs to be expended therefore by
mutual agreement.
F. All decisions for the improvements and/or maintenance of the common driveway area shall
be made by a majority vote of the lot owners affected herein. Proxy votes shall not be
acceptable. There shall be (1) one vote per subject lot. Any lot owner may initiate a vote on any
maintenance or improvement matter by sending a notice by certified mail, return ~ceipt
mtuesl~l, to the other lot owners. Said notice shall contain all information necessary to make
an informed decision on the matter. Any lot owner not voting affirmatively or negatiVely
wihhin (2) two weeks of the mailing of that notice shall be bound by the decision of those who
do vote. A tie vote shall be considemi approval of the proposllion~
G. All lot owners agree that the common driveway area shall always be maintained so as to be
passable by ordinary passenger, service and emergency vehicles and this shall include prompt
repair of any "potholes" or similar d~ in the common driveway, which cause the common
driveway to become substandard. Each lot owner shall be responsible and pay for any
damage to the common driveway caused by construction or transportation activit~as and
vehicles relating to or used in the improvement of their subject lot.
H. In the event one of the lot owners fails to pay their proportionate share of maintenance costs
witixin (7) seven days of notification of charges, such unpaid monies may be collected
proportionately from the other lot owners. In this event, all lot owners having duly paid both
their proportionate share of maintenance costs and that of the defaulting lot owner shall be
deemed the contractor as defined in the New York Lien Law. The lot owner who has not paid
his/her proportionate share shall subject his/her real property to the liens of the lot owners
who have paid his/her share of maintenance costs. The lot owner who has paid his/her
proportionate share of maintonance costs may also commence an action against the defaulting
lot owner, in a court of appropriate jurisdiction, in order recover the unpaid monies. In any
action commenced against a defaulting lot owner, there shall be a presumption that the
maintenance work for which monies are owed was validly authorized by the majority of the
lot owners and was competently performed by the contractor who did the work. A defaulting
lot owner shall be liable for all maintenance costs and expenses, including but not limited to
attorney's f~es which are incurred by the other lot owners in recovering the defaul~ng lot
owner's unpaid share of maintenance costs.
I. Notwithstanding anything to the contrary heroin, each and every lot owner shall repair, at
his/her sole costs and expense, any damage den-e to the common driveway by construction
traffic, machinery, or other implements used in the construction of improvements on the
particular lot owner's land. Any failure to make or pay for such repair may be treated by the
other lot owners as a default in the payment of maintenance costs, in accordance with sub-
paragraph "l-I" above written.
This Agreement shall run with the land and shall be binding upon all grantees, heirs, executors,
administrators, legal representatives, distributes, successors, or assigns of any portion of the subject
parcels.
This Agreement may not be annulled, waived, changed, modified, terminated, revoked or amended
without hhe wriRen consent of the respective lot owners and the express written permi~on of a
majority of the Southold Town Planning Board or i~ legal successor, except that the provisions hereof
which relate solely to the making or repair or improvement decisions or the allocations or expenses
among lot owners may be revoked or modified without such Board's approval.
IN WITNESS WHEREOF, the owner has duly executed this instrument this 1 t~ day of
~ O~e C~,kg ~' ,2011.
CAROL~~
AUI~REY CARi~IG 0
RI~CHARD PIERSON, Sr. ' '
ELIZABETH ANN LAIBLE
f/k/a ELIZABETH ANN PIERSON
RICHARD PIERSON, Ir.
ROBERT GRIGON~ /
STATE OF NEW 'YORK)
) ss.:
COUNTY OF SUFFOLK)
On the ~( day of 0 ~ ~v' , in the year 2011, before me, the undersigned, a Notary
Public in and for said State, personally appeared CAROLYN HAMAN, personally known to me or
proved ~ me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she they executed the same in her capadty, and that by
her signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
PENNY BEDELL
Notary .P, u blic.,..S..t~at.eA o f .New York
~'~o. 0~uE~0~931,'
Qualified n Suffolk County .~
Commission Expires Sept, 29, .,, ~'U
STATE OF ~ )
) ss.:
On the ~q~ay of ~_~ ~,~'~ , in the year 2011, before me, the undersigned, a Notary
Public in and for said State, personally appeared ANNE'iTF. SMITH, personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she they executed the same in her capacity, and that by her
signature on the insi~ument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
NOT~UBLIC
STATE OF NEW YORK )
) SS.:
COUNTY OF )
On the ~_~day of ,42cX~f , in the year 2011, before me, the undersigned, a Notary
Public in and for said State, personally appeared AUDREY CARRIG, personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
insl~tment and acknowledged Ix) me that she they executed the same in her capacity, and that by her
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
NOTARY PUBLIC
ROBERT A MAZZAFERRO
NOTARY PUBLIC - STATE OF NEW YORK
NO. 01MA6207376
QUALIFIED IN SUFFOLK COUNTY ! ?
COMMISSION EXPIRES JUNE 1,5, 20 t~,
STATE OF NEW YOtLK)
) SS,:
COUNTY OF SUFFOLK)
On the ~ I day of/) ~) ~ , in the year 2011, before me, the undersigned, a Noisy
Public in and for said State, personally appeared RICHARD I~IERSON, fir, personally known to me or
proved to me on [he basis of satisfactory evidence to be the individual whose name is subscribed to the
within inst~xment and acknowledge5 to me [hat she [hey executed the same in her capacity, and that by
her signature on the insb, ument, the individual, or the person upon behalf of which [he individual acted,
executed tiffs instrument
N~PUBLIC ~
PENNy BEDELL
. . . ) SS.:
co rr oF4 o
On the l'~ day of,l[~O~'~- k~)q.V , in the year 2011, beforeme, the undersigned, a Notary
PubLic in and for said State, personally appeared EI.IZABETH ANN LAIBLE f/k/a ELIZABETH ANN
PIERSON personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that she they
executed the same in her capadty, and that by her signature on the instrument, the individual, or the
person upon behalf of wlfich the individual acted, executed this insta'ument.
STATEOF ~./Cc~J C~C;,~t ~)
) SS.:
On thed~-~day of ~.~e,-7~.e d?o//, in the year 2011, before me, the undersigned, a Notary
Public in and for said State, personally appeared JEAN MARIE PIERSON, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she they executed the same in her capacity, end that by
her signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this ~ttumenL
NOTARY PUBLIC
UZAVETA CI'JYZHYK
Notary Publio - State of New Yo~k
No. 01 CH6227880
Qualified In Queen~ County
My Commission Explros 8epL 07, 2014
~J
) SS.:
cou~r~/or )
On the ~ day of ~ 0VO~ ~:~' , in the year 2011, before me, the undersigned, a Notary
Public in and for said S~ate, personally appeared RICHARD PIERSON, Jr., personally known to me or
proved to me on the basis of satisfactory evidence ~o be the individual whose name is subscribed to the
within insb'ument and acknowledged to me that she they executed the same in her capacity, and that by
her signature on the insl~unent, the individual, or rite person upon behalf of which the individual acted,
executed this instrument.
STATE OF NEW'YORK )
) ss.:
COUNTY OF SUFFOLK )
On the6 +K
Public in and for said State, personally appeared ROBERT GRIGONIS, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she they executed the same in her capacity, and that by
her signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
CARO~
NOTARY PUBUC. 8'FATE OF NEW YORK
NO. 01HY618969~
cQoU. A_ LIFIED IN SUFFOLK
MMIS~ION EXPIRE8
Description of"Ciuster Conservation Subdivision for Property of the Estate of Antone
Grigonis'
Suffolk County Tax Map~ 1000-5~02-8.1
AI.I that certain plot, piece or parcel of land, with buildings and improvements theron erected,
situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New
York, known and designated as shown on a certain map entitled "Cluster Conservation
Subdivision for Property of the Estate ofAntone Grigonis" being more particularly bounded and
described as follows;
Beginning at a point on the easterly line of Youngs Avenue distant 543.11 feet as measured in a
southerly direction from the intersection formed by the southerly line of Old North Road with the
easterly line of Youngs Avenue (Railroad Avenue);
Running Thence from said Point and Place of Beginning along the southerly line of lands now
or formerly of Salmon and Johnstone and lands of others North 77 degrees 30 minutes 20 seconds
East a distance 1028.61 feet to a point;
Thence North 16 degrees 51 minutes 50 seconds East along lands now or formerly of Doroski
and Sinning and lands now or formerly of Pate l a distance of 82. I 0 feet to a point;
Thence South 76 degrees 19 minutes 50 seconds East along lands ofPatel a distance of 61.08 feet
to a point and lands of Robert Grigonis;
Thence South 15 degrees 00 minutes 00 seconds West a distance of 181.62 feet to a point;
Thence South 71 degrees 56 minutes 00 seconds East a distance of 427.84 feet to the westerly
line of a 50 foot Right of Way;
Thence along the westerly line of the 50 foot Right of Way South 5 degrees 18 minutes 05
seconds West a distance of 240.80 feet to a point and lands now or formerly ofMaurenn H. M.
Wolfe Living Trust;
T.hence along lands now or formerly of Maureen H. M. Wolfe Living Trust South 88 degrees 35
minutes 30 seconds West a distance of 752.23 feet to a point and lands now or formerly of
Krupski;
Thence North 11 degrees 34 minutes 10 seconds West a distance of 128.40 feet to a point;
Thence still along lands now or formerly of Krupski and along lands now or formerly of Conway
South 75 degrees 54 minutes 00 seconds West a distance of 605.02 feet to the easterly line of
Youngs Avenue (Railroad Avenue);
Thence North 11 degrees 19 minutes 40 seconds West a distance of 307.29 feet to the Point and
Place of Beginning.
Description of 25 foot Right of Way being part of Lot 4
"Cluster Conservation Subdivision for Property of the Estate of Antone Grigonis"
Suffolk County Tax Map # 1000-55-02-8.1
All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and
being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as and
being part of Lot 4 as shown on a certain map entitled "Cluster Conservation Subdivision for Property of the
Estate of Antone Grigonis", being more particularly bounded and described as follows;
Beginning at a point on the easterly line of Youngs Avenue (Railroad Avenue), also being the northwesterly
comer of Lot 4, also being the northwesterly comer of a 25 foot Right of Way as shown on the aforesaid map,
distant 543.11 feet as measured in southerly direction fi'om the intersection formed by the southerly line of Old
North Road with the easterly line of Youngs Avenue (Railroad Avenue);
Running thence ~om said Point and Place of Be~nning along the northerly line of said 25 foot Right of Way
along lands now or formerly of Salmon and Johnstone and lands of Hennessey and Fontana North 77 degrees 30
minutes 20 seconds East a distance of 598.53 feet to a point;
Thence South 12 degrees 29 minutes 40 seconds East a distance of 25.00 to a point;
Thence South 77degrees 30 minutes 20 seconds West a distance of 100.00 feet to a point and the beginning of a
curve to the left;
Thence along said to curve to the left having a radius of 25.00 feet a distance of 39.27 feet to a point;
Thence South 77 degrees 30 minutes 20 seconds West a distance of 25.00 feet to a point and the beginning
of a non-tangent curve to the left;
Thence along said curve to the left having a radius of 25 feet a distance of 39.27 feet to a point;
Thence continuing along the southerly line of said Right of Way along the northerly lines of Lot 3 and Lot 2
as shown on the aforesaid filed map South 77 degrees 30 minutes 20 seconds West a distance of 424.04 feet to a
point and the easterly line of Youngs Avenue (Railroad Avenue);
Thence North 11 degrees 19 minutes 40 seconds West a distance of 25.01 feet to the Point and Place of
Beginning.
CC#: C12-728
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on0110912012 under Liber D00012681 and Page 613 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 0110912012
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEA[,
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
Number of Pages: 10
Receipt Number : 12-0002320
District:
1000
Recorded:
At:
01/09/2012
10:03:24 AM
Page/Filing
COE
TP-584
Cert. Copies
Received the Following Fees For Above Instrument
Exempt Exempt
$50.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$12.50 NO RPT $30.00 NO
Fees Paid $132.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
LIBER: D00012681
PAGE: 613
Section: Block: Lot:
055.00 02.00 008.005
EXAMINED AND CHARGED AS FOLLOWS
Number of pages
/O
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
31
Page / Filing Fee
Handling 20. 00
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
Certified Copy
NYS Surcharge 15. 00
Other
4 [Dist. I
Real Prope~
Tax Servk
Agency
Verificatic
RECORDED
20~2 Jan 09 ~0:03:24
JUDITH ~. PRSCRL£
CLERK OF
SOFKOLK COUNI'V
L D00012881
P 6i3
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
Sub To~ '? 0 -~
Sub Tot~ ~,.90
Grand Total f ~, ,, '~'~)
lO00 05500 0200 0080050t~ ' ~[~ 5
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
6
RECORD & RETURN TO:
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
Satisfactions/Discharges/Releases List Property Owners Mailing Address
I Title #
Vacant Land
TI)
TD
TD
Title Company Information
81 Suffolk County Recording & Endorsement Page
This page forms part of the attached ~ C ~0~ {F~?,_-~' C~ made by:
(sP~cmY rvPs OF ~NS~UmNT)
Ko~ ~ GF~,~n', q TO ~ the TO~ of 6
~ ~e ~LAGE
or ~ET of
BO~S 6 ~U 8 ~ST BE ~P~ OR P~TED ~ BLACK ~ O~Y P~OR TO ~CO~G OR ~G.
(over)
D CLA A ON oF COV A T l rR CnONS
THIS DECLARATION made this / ~/~r~ dayof /~/~',/~'~/'~/g~ 2011, byand
between CAROLYN HAMAN, residing at 1020 Old North Road, Southold, New York 11971;
ANNETTE SMITH, residing at 2531 Pole Bridge Road, Avon, New York 14414;
AUDREY CARRIG, residing at 840 Greenwood Drive, Ballston Spa, New York 12020;
RICHARD PIERSON, Sr., residing at 5245 North Bayview Road, Southold, New York 11971;
ELIZABETH ANN LAIBLE f/k/a ELIZABETH ANN PIERSON, residing at 3 Bailey Farm Road,
Pittstown, New Jersey 08861;
JEAN MARIE PIERSON, residing at 2 Halstead Street, Clinton, New Jersey 08809
RICHARD PIERSON, Jr., residing at 16637 Radcliffe Lane, Woodbridge, Virginia 22191;
ROBERT GRIGONIS, residing at 4406 Old North Road, Southold, New York, 11971 hereinafter
referred to as the "DECLARANTS';
WITNESSETH:
WHEREAS, the DECLARANT, is the owner of a certain plot, piece and parcel of land
situate at, Young's Avenue, in the Town of Southold County of Suffolk, and the State of New
York, known and designated as SCTM No. 1000-055-1-005.001 and 1000-055-2-008.005,
being more particularly bounded and described as set forth in Sch_ed_ule "A', annexed ~ere/o,
and also shown on "Subdivision Lap of ~" prepared by ~'~L~ Mc ~q~x/a~s
last revised (~T-,~,e-el- D. ~" , which map has received approval from the Planning
Board of the Town of Southold, and is to be filed in the Suffolk County Clerk's office.
WHEREAS, the DECLARANTS made application to subdivide a 21.5978 acre parcel into
seven (7) lots where Lot 1 equals 43,904 square feet, Lot 2 equals 40,001 square feet, Lot 3
equals 40,604 square feet, Lot 4 equals 55,211 square feet, inclusive of a 13,364 square foot
right of way, Lot 5 equals 7.33 acres and is proposed to be preserved through a Sale of
Development Rights to Suffolk County, and Lot 6 equals 9.45 acres, and is proposed to be
preserved through a Sale of Development Rights to Suffolk County; Lot 7 equals 30,000 square
feet and will be dedicated to the Town of Southold for drainage purposes, and in consideration
of granting approval necessary to subdivide the above, the Planning Board of the Town of
Southold and the DECLARANTS agree that it is in the best interest of the DECLARANTS and
any future owner of the property that the within declaration and covenant be imposed.
NOW, THEREFORE, the within DECLARANTS do hereby covenant and agree as follows:
(1) That future residents of the lots on the approved subdivision map are advised that
the lots are subject to the noise, dust and odors normally associated with
agricultural activities pursuant to Article XXII of the Farmland Bill of Rights of the
Town of Southold
(2) Access to Lots 2, 3 and 4 shall be from the 25 foot right-of-way as shown on the
approved map and will be subject to the terms of a filed Road and Maintenance
Agreement; and
a. The (thee) existing street trees that occur on proposed LOt One and the 2 (two)
existing trees on proposed Lot Two located adjacent to Youngs Avenue have been
accepted to satisfy the §240-17. Technical Requirements. Item H, 2, (n) and
§ 161-44. Street Tree Requirements of the Town Code. In the event that the tree
dies, the tree shall be replaced with a tree of similar species; and
(3) No residential structures shall be permitted on Lots 5 and 6; and
(4) No further subdivision of Lots 1, 2, 3, and 4 on the approved subdivision map in
perpetuity; and
(5) No changes to any of the aforementioned lot lines without Planning Board approval;
and
(6) The use of synthetic fertilizers, herbicides, or pesticides on Lots 1 through 4 is
prohibited;
i. Require the use of native, drought-tolerant plants in landscaping.
ii. Prohibit the application of lawn fertilizer between December 1.t and April 1.t.
iii. Require only the use of organic fertilizer where the water-soluble nitrogen is
no more than 20% of the total nitrogen in the mixture.
iv. Require a maximum of 1 pound of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 pounds per
1,000 square feet per year.
v. Prohibit the use of phosphorus containing lawn fertilizer unless establishing a
new lawn or a soil test shows that the lawn does not have enough
phosphorus. Fertilizer labels have three bold numbers. The first number is
the amount of nitrogen (N), the second number is the'amount of phosphorus
oxide (P205) and the third number is the amount of potassium oxide (K20). A
bag of 10-5-10 fertilizer contains 10% nitrogen, 5% phosphorus oxide and
10% potassium oxide. The law limits the amount of P205 to less than 0.67%.
Therefore the potassium oxide (middle number) should be less than 0.67 for
the product to meet the phosphorus lawn fertilizer restriction.
vi. Prohibit the application of lawn fertilizer on impervious surfaces and require
pick up of fertilizer applied or spilled onto impervious surfaces.
vii. Prohibit the use of underground storage tanks, (except those with spill,
overfill, and corrosion protection requirements in place).
(7) All storm water run-off resulting from the development of any or all of the lots on the
subdivision map shall be retained on site and shall be the responsibility of each
property owner; and
(8) Prior to any construction activity on all lots, the project will require a General Permit
for the storm water run-off from construction activity administered by the New York
State Department of Environmental Conservation under Phase II State Pollutant
Discharge Elimination System; and
,(9)
No storm water run-off resulting from the development and improvement of any of
the lots shown on the approved map shall be discharged into the wetlands in any
manner; and
(10) In the event that the Development Rights sale is not completed pursuant to the
approved subdivision map and a copy of the recorded Deed of Development Rights
Easement is not submitted to the Town of Southold Planning Department, the
Planning Board's approval of the subdivision shall no longer be valid; and
(11) The Town of Southold Building Department shall not issue Building Permits for any
of the lots on the approved subdivision map until the Development Rights sale is
completed pursuant to the approved subdivision map and a copy of the recorded
Deed of Development Rights Easement is submitted to the Town of Southold
Planning Department.
i. The subdivision open space is 3.22 acres inclusive of the 30,000 sq. ft.
drainage area; and
(12) Permanent reference monuments shall be constructed on all lots to identify parcel
boundaries; and
(13) The subdivision open space is equal to 2.~,3 acres and is located within Lot 5.
(14) Driveways serving Lots 1-4 shall be constructed of pervious materials and remain
permeable into perpetuity.
The within Declarations shall run with the land and shall be binding upon the
DECLARANTS, their successors and assigns, and upon all persons or entities clslmlrlg under
them, and may not be annulled~ waived, changed, modified, terminated, revoked or amended
by subsequent owners of the premises unless and until approved by a majority plus one vote of
the Planning Board of the Town of Southold or its successors. This Declaration of Covenants
and Restrictions may not be evoked, rescinded, extinguished, modified or ~mended without the
express written permission of a majority plus one of the Southold Town Planning Board or its
legal successor, after a public hearing.
This Declaration is binding upon all grantees, heirs, distributees, successors or assigns
of any portions of the lands described in Schedule "A' above;
The within Declaration is made subject to the provisions of all laws required by law or
by their provisions to be incorporated herein and made a part hereof, as though fully set forth.
d WITNESS WHEREOF, the owner has duly executed this instrument this
ay of No~m~e r ,2011.
ANN~ETTE SMITH /
RICHARD PIERSON,
H ANN LAIBLE
f/k/a ELIZABETH ANN PIERSON
RICHARD PIERSON, Jr.
/~ MAP,_~ PIERSON
STATE OF ~v~ YORK)
COu~'r'~ OF SUFFOLK)
On the~ I day of 0~/] ~/ , in the year 2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
CAROLYN HAMAN, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she they executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
commission Expires Sep
cou,w )1
On the ~q~day of {~64 e~cx~ , in the year 2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
ANNETTE SMITH, personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that she they executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person upon behalf of which the/ndividual acted, executed
this instrument.
I
s?A?~ OF m~w ¥o~)
CO~u'~'rx OF SUFFOLK)
On the~.~day of ~/~ ~ , in the year 2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
AUDREY CAP, RIG, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she they executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
NO?~VPUBL~C ~ C~
ROBERT A MAZZAF£RRO
NOTARY PUBLIG - STATE OF NEW YORK
NO. 01MAB207376
QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIRES JUNE 15, 20 ~
STAT~ OF NEW
COUNTY OF ~UFFOLK)
On the ~ I day of OC-~I)~~'c-''/ , in the year 2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
RICHARD PIERSON, ar, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose l~me is subscribed to the within instrument and
acknowledged to me that she they executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
Not r _PENNY BEDELL
a y Public, State of New
No. 01BE6099317
Qualified in Suffolk County
Commission Expires Sept. 29,
. ) SS.:
On the ~ day of /~f)~J ~ ffl~f' , in the year 2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
ELIZABETH ANN LAIBLE f/k/a ELIZABETH ANN PIERSON personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she they executed the same in her capacity,
and that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed this instrument.
N O'F-A.Ky PO,~MC
On the~-6 day of XJ~4/~2_.r~ ~ , in the year 2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
JEAN MARIE PIERSON, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she they executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
NOTARY l'u~LIC
LIZAVETA CI~YZHYK
Notary Public - State of New Ymk
No. 01CH6227880
Qualified In Queen,, County
My Comml~lon E){plr~ ~pt. 07, 2014
On the ~[ day of ~ ~) ~/e~.~z ~- , in the year 2011, before me, me
undersigned, a Notary Public in and for said State, personally appeared
RICHARD PIERSON, Jr., personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she they executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
NOTAI~Ir PU~[O Commonwe~th ~ Virginia
~(athedne Knight-~'Rotary Public
Commission ID: 367456
i ~,~y Commission Expires 03/31/2013
coo
On theC day of
undersigned, a Notary Public in and for said State, personally appeared
ROBERT GRIGONIS, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to thc within instrument and
acknowledged to me that she they executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed this instrument.
NOTARY PUBLIC
CAROL HYOELI.
NOTARY PUBLIC - STATE OF NEW YORK
NO. 01HY6189695
QUALIFIED IN SUFFOLK COUNT~ --.)
COMMISSION EXPIRES 06130120..~ e%-
Description of"Cluster Conservation Subdivision for Property of the Estate of Antone
Grigonis'
Suffolk County Tax MapO 1000-5~-02-g.1
All that certain plot, piece or parcel of land, with buildings and improvements theron erected,
situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New
York, known and designated as shown on a certain map entitled "Cluster Conservation
Subdivision for Property of the Estate of Antone Grigonis' being more particularly bounded and
described as follows;
Beginning at a point on the easterly line of Youngs Avenue distant 543.11 feet as measured in a
southerly direction from the intersection formed by the southerly line of Old North Road with the
easterly line of Youngs Avenue (Railroad Avenue);
Running Thence from said Point and Place of Bc~nning along the southerly linc of lands now
or formerly of Salmon and Johnstone and lands of others North 77 degrees 30 minutes 20 seconds
Fast a distance 1028.61 feet to a point;
Thence North 16 degrees $1 minutes 50 seconds East along lands now or formerly of Doroski
and Sinning and lands now or formerly ofPatel a distance of 82.10 feet to a point;
Thence South 76 degrees 19 minutes 50 seconds East along lands ofPatel a distance of 61.08 feet
to a point and lands of Robert Grigonis;
Thence South 15 degrees 00 minutes 00 seconds West a distance of 181.62 feet to a point;
Thence South 71 degrees 56 minutes 00 seconds East a distance of 427.84 feet to the westerly
line of a 50 foot Right of Way;
Thence along the westerly line of the 50 foot Right of Way South 5 degrees 18 minutes 05
seconds West a distance of 240.80 feet to a point and lands now or formerly of Maureen H. M.
Wolfe Living Trust;
Thence along lands now or formerly of Maureen H. M. Wolfe Living Trust South 88 degrees 35
minutes 30 seconds West a distance of 752.23 feet to a point and lands now or formerly of
Krupski;
Thence North 11 degrees 34 minutes 10 seconds West a distance of 128.40 feet to a point;
Thence still along lands now or formerly of Krupski and along lands now or formerly of Conway
South 75 degrees 54 minutes 00 seconds West a distance of 605.02 feet to the easterly line of
Youngs Avenue (Railroad Avenue);
Thence North 11 degrees 19 minutes 40 seconds West a distance of 307.29 feet to the Point and
Place of Beginning.
Description of 25 foot Right of Way being part of Lot 4
"Cluster Conservation Subdivision for Property of the Estate of Antone Grigonis'
Suffolk County Tax Map # 1000-55-02-8.1
All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and
being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as and
being part of Lot 4 as shown on a certain map entitled "Cluster Conservation Subdivision for Property of the
Estate of Antone Gxigonis', being more particularly bounded and described as follows;
Beginning at a point on the easterly line of Youngs Avenue (Railroad Avenue), also being the northwesterly
comer of Lot 4, also being the northwesterly comer of a 25 foot Right of Way as shown on the aforesaid map,
distant 543.11 feet as measured in southerly direction from the intersection formed by the southerly line of Old
North Road with the easterly line of Youngs Avenue (Raikoad Avenue);
Running thence from said Point and Place of Be~nnlng along the northerly line of said 25 foot Right of Way
along lands now or formerly of Salmon and Johnstone and lands of Heunessey and Fontana North 77 degrees 30
minutes 20 seconds East a distance of 598.53 feet to a point;
Thence South 12 degrees 29 minutes 40 seconds East a distance of 25.00 to a point;
Thence South 77degrees 30 minutes 20 seconds West a distance of 100.00 feet to a point and the be~nning of a
curve to the left;
Thence along said to curve to the left having a radius of 25.00 feet a distance of 39.27 feet to a point;
Thence South 77 degrees 30 minutes 20 seconds West a distance of 25.00 feet to a point and the beginning
of a non-tangent curve to the left;
Thence along said curve to the left having a radius of 25 feet a distance of 39.27 feet to a point;
Thence continuing along the southerly line of said Right of Way along the northerly lines of Lot 3 and Lot 2
as shown on the aforesaid filed map South 77 degrees 30 minutes 20 seconds West a distance of 424.04 feet to a
point and the easterly line of Youngs Avenue (Railroad Avenue);
Thence North t 1 degrees 19 minutes 40 seconds West a distance of 25.01 feet to the Point and Place of
Beginning.